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DRUGS MISUSE ACT 1986 - SECT 131A
Evidence of medicine or poison or veterinary chemical product by container
(1) This section applies if, in a proceeding for an offence against this Act,
it is relevant to prove that a substance owned or supplied by, or in the
possession of, a person was— (a) a medicine or poison; or
(b) a
veterinary chemical product.
(2) In the absence of proof to the contrary, the
substance is proved to have been the medicine or poison or
veterinary chemical product shown on the label of the container in which it is
contained if— (a) there is evidence that the container containing the
substance was a sealed medicine or poison container; and
(b) a police officer
gives evidence that the police officer believes the
sealed medicine or poison container contained a medicine or poison or
veterinary chemical product; and
(c) the court considers that belief to be
reasonably held by the police officer; and
(d) the defendant was served with
a prosecution information notice specifying the medicine or poison or
veterinary chemical product; and
(e) the defendant has not given a challenge
notice to the commissioner of the police service.
(3) In this section—
"medicine or poison" means a medicine or poison that is registered or exempt
under the Therapeutic Goods Act 1989 (Cwlth) .
"sealed medicine or poison container" is a container— (a) that appears to
contain— (i) a medicine or poison; or
(ii) a veterinary chemical product;
and
(b) that has a label indicating that the substance is a
medicine or poison or a veterinary chemical product; and
(c) that has an
indicator or barrier to entry— (i) that can reasonably be expected to
provide visible or audible evidence to consumers that tampering may have
occurred; and
(ii) that is not breached or missing.
"veterinary chemical product" means a veterinary chemical product within the
meaning of the code set out in the schedule to the Agricultural and Veterinary
Chemicals Code Act 1994 (Cwlth) .
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